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Murray Hill Investments, Inc. v. Adas Yereim, Inc.
Citations: 226 A.D.2d 602; 641 N.Y.S.2d 562
Court: Appellate Division of the Supreme Court of the State of New York; April 22, 1996; New York; State Appellate Court
In three consolidated actions seeking a declaratory judgment regarding the rights under a note and mortgage, the plaintiff appealed an order from the Supreme Court, Kings County, which dismissed the complaints and canceled related notices of pendency. The appellate court affirmed the lower court's decision with costs. The court found that the declaratory judgment actions were properly dismissed because the issues regarding the validity of the mortgage note could be adjudicated in an existing separate action to recover on the note. Furthermore, the court held that the plaintiff had an adequate alternative remedy through a mortgage foreclosure proceeding, justifying the dismissal of the declaratory actions. The appellate court also ruled that the notices of pendency were improperly filed in these actions, citing relevant legal precedents. The decision was unanimous among the justices.